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Immigration Law Question: Waited for almost 20 years. Help.

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  • Immigration Law Question: Waited for almost 20 years. Help.

    I am desperate, I just needed to know if waiting is my only answer.

    We all gotten our permanent resident status through my aunt (naturalized citizen) back in 2005. It took 13 years. One big problem, when we were approved and waiting for the interview, my sister was less than a year away from turning 21. My mom notified the US consulate, but they did nothing for her. Therefore, we all were granted the green cards except my 1 sister, out of the family of 6. My parents immediately file another I-130 for my sister November 2005 after we moved to the States and we have been waiting to get her green card since. It wasn't all that bad before, we all live in the States including my sister attending college with F-1 visa. Graduated, she was able to work for a company on her practical training for a year. Then, she enrolled herself back in for more school so she can stay in the States with all of us. Until 2 years ago, she took a leap of faith and went back to Malaysia by herself. We visited Malaysia a lot to visit her so she can cope with the pain. I know, we have been waiting for so long, why complain now, right? My sister is not very mentally stable, she was diagnosed severe depression and mild bipolar, often suicidal. She is on medication to keep her symptoms minimal but I think the waiting had taken its toll. She was recently denied application for traveling visa to attend our sister graduation from UCLA and it really just hit her very hard. I always check the visa bulletin and I think it maybe another 2 years before my sister gets her interview. I honestly don't know if we have 2 years. Is there anything we can do for her? Is waiting our only solution? I really appreciate for any responses.

  • #2
    When was the original I-130 petition for your sister filed? This is a big issue. Depending on how she is related to your aunt might have made her eligible under either:

    1) Immediate Relative of a Naturalized U.S. Citizen:

    The child’s age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner’s naturalization or the termination of the beneficiary’s marriage while the beneficiary is under 21, the child’s age freezes on the date such action occurred.

    2) Preference Classification for Permanent Residence or Derivative:

    CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

    I would imagine she was under the 2nd preference category it being your aunt who filed. The USCIS/Embassy should have known this at the time as this revision has been active under CSPA law since 2002. It appears she shouldn't have "aged-out". I am not a lawyer however so any advice is purely lay-person.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."


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